Displaying items by tag: Fine

Bolivia: The Bolivian Attorney General’s Office says that is open to meeting representatives of Sociedad Boliviana de Cemento (SOBOCE) in order to negotiate a ‘better arrangement’ following Bolivia’s nationalisation of a stake in SOBOCE subsidiary Fábrica Nacional de Cementos (FANCESA) by supreme decree in 2010. SOBOCE owes FANCESA US$108m in damages for unfair competition since that time.

SOBOCE said "SOBOCE, together with its shareholders of Grupo Gloria del Peru, will continue to resort to judicial and/or arbitration channels (national or international) for the recognition of their rights. We believe in justice and in the legitimate right that we have, since the Bolivian Constitution guarantees the payment of compensation in case of expropriation."

Spain: The Supreme Court of Spain ruled in favour of tax authorities in their pursuit of Cemex España for its accounting of reported losses in the 2006 – 2009 financial years on 21 November 2023. The authorities imposed a Euro456m fine on the company following an audit in July 2011.

Mexico-based Cemex said that is has ‘sources of liquidity’ available to pay the fine, which it now anticipates that it will do before the end of June 2024.

Cemex ‘categorically’ disagrees with the imposition of the penalty. The group maintains that the losses Cemex España declared were not used and since 2012 have not been accounted for in its financial statements.

India: The Satna District Office of Collector (Mining) has fined Birla Corporation US$1m for its excess extraction of limestone between 2001 and 2007.

Birla Corporation said “The company did not take environment clearance due to the ambiguity in the provisions of Environmental Impact Assessment Notification 1994, which was only clarified subsequently by the principles laid down in the common cause judgement of the Supreme Court dated 2 August 2017. However, the company had valid consent to operate the mines from State Pollution Control Board. The company remains committed to ensure compliance with all applicable laws. The company is reviewing the order and evaluating the next steps in this matter.”

Australia: Cockburn Cement has mounted a successful appeal against a US$187,000 fine for odourous emissions from its Munster cement plant in Western Australia in 2019. Business News Western Australia has reported that the company had been found guilty of six charges related to emissions violations. In its latest judgment, the court revised the company’s fine to US$159,000. It also granted the company leave to further appeal.

US: Buzzi Unicem USA has challenged penalties worth US$62,500 and denied that it failed in its duty to protect an employee who died after falling into the Mississippi River while working on a barge at the Natchez terminal in Mississippi in February 2023. The Occupational Safety and Health Administration (OSHA) cited multiple alleged safety violations by the Buzzi subsidiary in a report published in mid-August 2023.

Buzzi Unicem USA said “The company strongly contends that it did not violate the regulations set forth in the citations regarding personal floatation devices and guardrails, and therefore timely filed notice with OSHA that it is contesting the alleged violations contained in these citations (as well as certain aspects of the other citations).” It continued “The company objects to any characterisation by OSHA that the citations are a final determination that the company violated any OSHA regulation or caused the death of our valued employee.”

UK: A court has fined CRH subsidiary Tarmac US$516,000 for failing to ensure the provision of moveable guards fitted to an interlocking device connected to a rotary mill at its Dunbar cement plant between January 2019 and April 2021. The East Lothian Courier newspaper has reported that the failure resulted in a worker’s loss of fingers after he came into contact with the unit’s rotary valve on 30 April 2021. The producer has until 20 September 2023 to pay the fine.

US: The Mine Safety and Health Administration (MSHA) has fined Dragon Products for failure to comply with mine safety rules. The Maine Monitor newspaper has reported that inspectors issued 33 citations following an inspection of its quarry in May 2023.

Thomaston cement plant manager Jennifer Small said that the citations primarily relate to 'housekeeping,' and that the company has 'promptly addressed these citations and worked closely with the MSHA to improve plant safety.'

Dragon Products, a subsidiary of Giant Cement, paid mine safety fines worth US$150,000 in 2022, US$76,700 in 2021 and US$134,000 in 2020.

Sinoma International Engineering was revealed this week as the winner of a contract to build a new production line at Southern Province Cement’s Jizan plant. The China-based engineering firm said that the US$330m contract was to build a full line, from limestone crushing to bagging, with an output of 5000t/day. The construction period is expected to take just over two years, suggesting a commissioning date in mid-2025 if work starts now. The project has been in the pipeline for a while with an announcement in mid-2021. It was previously reported that the new line is intended to replace the two existing production lines at the site once completed.

Other recent projects in the country include Yamama Cement’s plans to move its cement plant near Riyadh to a new location. Sinoma International Engineering was also selected as the main contractor in November 2022 for the US$220m project. The relocated line – using both old and new equipment – will have a production capacity of 10,000t/yr. Project duration was estimated at around two-and-a half years following financial contractual commitments. So the earliest this one might be completed is also mid-2025. Eastern Province Cement also started making moves to build a new major upgrade in March 2023 when it started the tendering process for a planned 10,000t/day production line at its Al Khursaniyah Plant. The intention is to replace some of the obsolete lines at the unit. The project dates back to 2015, when it was first announced.

Graph 1: Domestic cement sales and clinker exports in Saudi Arabia, 2013 – 2022. Source: Yamama Cement

The timing of these new projects is compelling given that sales by the local industry peaked in 2015. They declined in 2018 to a low of around 40Mt before stabilising at around 50Mt for the last three years. However, one trend to note is how clinker exports reached 7.1Mt in 2022, the highest figure in a decade, since export rules were relaxed in 2017. They have grown year-on-year since 2018 with the exception of 2020. Cement exports have been lower since 2013 hitting a high of 1.9Mt in 2019, although 2022 was nearly as good at 1.8Mt.

The other big news story from the local sector in 2023 was the US$37m fine that the General Authority for Competition (GAC) levied for price fixing in April 2023. 14 of the 17 main cement companies in the country were found to have broken local competition law following an investigation. Detail on specifically what happened is light, but the GAC said that it took exception to companies “controlling prices of commodities and services meant for sale by increasing, decreasing, fixing their prices or in any other manner detrimental to lawful competition.”

As ever with the Saudi construction market, government spending is expected to keep things buoyant. Although input and logistic costs have risen like everywhere else, energy costs have also risen. This, no doubt, is useful to a government planning on building a bunch of so-called ‘Giga’ projects. Local sales of cement may have dipped slightly in 2022 but building all these big new projects will require plenty of cement. A report by the SICO Bank in January 2023 forecast that local cement demand was expected to remain ‘flat’ in 2023 but that it would grow by 5% year-on-year in 2024. Interestingly, it added that demand from the tourism and exhibition sector would also fuel demand in the run-up to 2030 as various schemes connected to the ‘Giga’ projects reached fruition.

Each of the three projects detailed above are intended to replace existing capacity. This suggests that none of these companies expect the market to grow significantly anytime soon. These cement producers are likely to be focusing on improving efficiencies from their existing market share. Alongside this, exports of cement and clinker have grown, giving combined local and export sales that are similar to the market peak in 2015. Efficiency savings and adapting to a mature market appear to be the way forward for Saudi cement producers in the near-term.

Fiji: A court has ordered Pacific Cement, Tengy Cement and haulage contractor RPA Group to pay damages to Fiji Fish Marketing Group for creating a nuisance. The Fiji Times newspaper has reported that the court found that the cement importers emitted dust during the unloading of clinker, which caused Fiji Fish to incur a loss. The damages amounted to US$900,000.

Saudi Arabia: The General Authority for Competition (GAC) has fined 14 local cement producers around US$37m for price fixing. The companies were found to have broken local competition law following an investigation by GAC. They are now each liable for a US$2.7m penalty. The producers concerned are: Al-Safwa Cement; Al-Madina Cement; Umm Al-Qura Cement; Al-Jawf Cement Company; Qassim Cement; Najran Cement; Southern Province Cement; United Industrial Cement; Yamama Cement; Riyadh Cement (Saudi White Cement); Arabian Cement; Saudi Cement; Yanbu Cement; and Hail Cement.